Foster v. State
Mississippi Supreme Court
From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Foster, appellant, was jointly indicted with two others for the murder of Luther Bell. A severance was had and appellant separately tried, convicted and sentenced to suffer death and appealed to the supreme court. The decedent, Luther Bell, while traveling after dark along a private road, in a buggy with his wife and child, was shot from ambush and killed, the assassins escaping without being recognized.
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From the circuit court of Adams county. Hon. Moyse H. Wilkinson, Judge. Foster, appellant, was jointly indicted with two others for the murder of Luther Bell. A severance was had and appellant separately tried, convicted and sentenced to suffer death and appealed to the supreme court. The decedent, Luther Bell, while traveling after dark along a private road, in a buggy with his wife and child, was shot from ambush and killed, the assassins escaping without being recognized. Early the next morning several persons found that the grass behind a clump of pine bushes, near the road where the…
1Opinion of the Court
Whiteibld, C. J.,
delivered the opinion of the court.'
The statement by Scott Wilkins on the day after the killing to those following a certain track that the track was “son’s track” — that is, Scott Poster’s track — ought not to have been admitted in evidence. It must have been admitted on the idea that it tended in some way to show a conspiracy between Scott Wilkins and Scott Poster. What was said in Browning’s case, 30 Miss., 656, is peculiarly applicable here. The court said: “The offense charged, if committed at all, was unseen by all save the parties engaged in its perpetration. The whole…
2Cited by2 opinions
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- Grantham v. StateMississippi Supreme Court · 1933